My thoughts:
First and foremost I want to say, Cassie is strong for coming forward with her story. When you are a victim, this is a big step towards healing but can be scary. Even more so when the perpetrators has money, control, and is seen as a mogul globally. So good for her and I pray for her healing.
I am an advocate for victims of domestic violence, sexual assault, rape, human trafficking, etc. So when I see individuals come forward, it shows they are taking their power back. For me, that is the most powerful action a person can take after suffering. They do not view themselves as victims but survivors and that is inspiring.
Okay so now let’s talk about how:
People obviously do not know how out of court settlements work and that they are more so mandatory prior to taking a court to trial.
In the case with Diddy and Cassie, it looks like this was the best option for both parties. Cassie is facing scrutiny from other women stating that is what she signed up for and what happened in her relationship should remain private (which is BS might I add). Those come from women who are still facing trauma and have yet to break the cyclical abuse they have endured from partners. We are praying for your healing. At the same time do not try to make someone’s journey on the path to healing by facing there perpetrator seem like it’s not serious or it’s a private matter. Because it’s not, there are so many women and men that are afraid to speak up, that when others come forward it can be empowering. In Diddy’s case settling outside of court keeps everything confidential, he does not have to admit to being guilty, and his business relationships can remain in tact. And again Cassie’s lawsuit was civil (defendant seeking monetary award for damages) not criminal where the judge or jury can send you to court for breaking the law. So those saying she is lying are completely ignorant to how arbitration and litigation works. Therefore, need to educate themselves prior to posting. As in the end they look uneducated and have formulated opinions no one asked for.
For better understanding:
Out of court settlements also known as Alternative Dispute Resolution (ADR) is the process where different options are offered to avoid taking a case through the litigation process (court) and ultimately help both parties come to a win-win solution. In most states ADR is mandatory prior to going to court and or it may be in put into contracts, meaning it is contractual terms (compulsory-required by law or rule).
It is important to note:
Court can be damaging to both parties reputation and ruin business relationships, these issues do not come up in ADR’s.
“An out-of-court settlement is an arrangement where both parties voluntarily agree to resolve a dispute without the court’s intervention. This allows both parties to control the case’s outcome; however, one party cannot force the other to settle the dispute outside of court.” One both parties come to a compromise it is known as a settlement agreement it’s purpose is to serve as a contract between the victim and the defendant. Being as though the settlement serves as a contract it is an enforceable agreement that outlines the rights and conditions of both parties. It contains the following:
• “The names of the parties
• A “whereas” section that explains the reasons for the contract
• A “no admission of liability” clause saying that the settlement does not include an admission of wrongdoing by either party
• A “promise to pay” section stating the settlement amount that one party, usually the defendant, will pay the other
• An invoicing and payment schedule with related details concerning the money transfer
• A “mutual release” clause declaring that the parties shall not make claims against each other” (RMD Law, 2023)
During litigation or trial, the documents in the case are considered public record therefore anyone has access to them. In a settlement out of court, everything is confidential. This will allow for personal information and to remain out of the public eye and risk scrutiny.
The Element no one likes:
Trials have an element of uncertainty being as though jury’s are delivering the verdict and can offering double meanings versus a judge’s ruling. Also, in some instances juries are known to show more empathy towards a victim than a judge.
When the route of taking a settlement outside of court is taken, both sides have more control of the agreements and processes than they would going if they went to trial. This means the controversial issues can be settled with more certainty than speculation.
The Disadvantages of settling outside of court:
Some disadvantages of settling means no further action can be pursued legally and in some cases parties may not get what they hoped for. This means at anytime prior to settling either party has the right to say they prefer to go to trial, but once they settle that option is taken off the table.
Now:
People are very critical especially those not walking in the same shoes of these victims. If you or someone you know have suffered from sexual assault, domestic violence, rape, human trafficking, etc. please seek help. There are so many resources out there. Besides, you are not alone. There is someone just like you waiting for the opportunity to tell there story they just need a sign and that sign may be you coming forward with your story. You have voice and it’s powerful!
National Sexual Assault Hotline (rape) 24-hours
1-800-656-4673
https://hotline.rainn.org/online for online chat
National Domestic Violence Hotline 24- hours
1-800-799-7233
Text START to 88788
https://chat.thehotline.us/v2/index.html?dkey=783ea42e-3aa0-42f4-9899-ad886e4995b4&skill=g1b for online chat
National Human Trafficking Hotline 24-hours
1-888-373-7888
Text INFO to 233733
Suicide and Crisis Line
988
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